What Happens to Business Immigration Case Processing During a Government Shutdown?

January 18, 2018

The following information is provided by the American Immigration Lawyers Association. Generally, if the government shuts for budgetary reasons, all but "essential" personnel are furloughed and are not allowed to work.

USCIS: USCIS is a fee-funded agency with the exception of E-Verify, so if the government shuts down, only E-Verify shuts down. Otherwise, it's business as usual. Employers may continue to file visa petitions with the USCIS.

DOS: Visa and passport operations are fee-funded and should not be impacted by a lapse in appropriations, but operating status and funding will need to be monitored closely. If visa operations are affected, consular posts will generally only handle diplomatic visas and "life or death" emergencies.

CBP: Inspection and law enforcement personnel are considered "essential.” Ports of entry will be open; however, processing of applications filed at the border may be impacted.

DOL: The OFLC would cease processing all applications in the event of a government shutdown, and personnel would not be available to respond to e-mail or other inquiries. OFLC's web-based systems, iCERT and PERM, would be inaccessible, and BALCA dockets will be placed on hold.

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